People traveling to the United States face enough challenges, especially when placed on customs checkpoints. This is where officers can demand that they hand over their passwords to their private, personal devices. Yet this trend has raised deep concern about protection of privacy and civil rights. That’s why civil rights advocates are warning travelers to be prepared. Recent examples illustrate some of the difficulty that asylum seekers face when they attempt to enter the US, including cases of months long detention and litigation. Visitors should know their legal landscape and know their rights. This understanding is of utmost importance, no matter the purpose through which they are coming into our country — business, tourism or others.
Customs and Entry Challenges
At US entry points, our customs officers have an incredible amount of power. For example, they can determine if they want a given traveler allowed into their country. They ask for passwords to phones and laptops of travelers to and from the US, violating privacy as well. US citizens cannot be denied entry to the country—even if they insist on not providing their password. Visa holders and travelers from visa waiver countries can be denied entry if they refuse to decrypt their devices. The American Civil Liberties Union (ACLU) is working to end this emerging injustice.
Customs agents may no longer have enforcement discretion, going instead by rigid guidelines. They are prohibited from performing searches or inspections using religion, race, national origin, sex, ethnicity, or political affiliation. Yet the risk of arbitrary enforcement always looms for wayward explorers. Civil rights advocates urge visitors to carry information to contact an immigration lawyer or emergency contact in case of any detention or issues during entry.
High-Profile Detentions and Legal Implications
And this past summer’s high-profile detentions served a reminder of how fraught the US entry points have become. Jessica Brösche, a tattoo artist from Germany, was in detention for six weeks before she was finally permitted to go home. In just one example, Canadian businesswoman and actor Jasmine Mooney said she was held for 14 days by Immigration and Customs Enforcement (ICE). These adjudications and stories reflect the arbitrary and capricious state of immigration enforcement as it exists today.
The Trump administration's approach to immigration further fueled controversies, such as sending immigrants to Guantánamo Bay naval base in Cuba with limited legal access and targeting pro-Palestinian academics for deportation. These actions have sparked unprecedented legal scrutiny and civil society outcry by human rights advocates.
Further, the administration was already under fire for not returning El Salvador–destined deportation flights. Such moves are emblematic of the hyper-litigious landscape dominating US immigration policy these days.
## Rights and Recommendations for Travelers
Today, visitors to the US are faced with a confusing maze of rules and restrictions. Those traveling from countries under the visa waiver program need a valid Electronic System for Travel Authorization (ESTA) approval at least 72 hours before boarding a flight. Keep in mind, travelers with an ESTA cannot take temporary or permanent residence in the US. So, it’s important to be aware of this fact while visiting.
Travel travelers to respect their right not to speak if interrogated by customs agents. Immigration attorney Michael Wildes recommends that detainees listen to what officers tell them to do, but try to get in touch with a lawyer right away. This point of advice is especially crucial considering the consequences of falling out of compliance.
If an international visitor is refused entry into the US, they may choose to “withdraw” their request to enter. This decision allows them to go home without an official deportation stamp on their record. This sensible alternative provides an opportunity for a graceful exit for those who are boxed in by the predestined hazards at the border.